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Tax Code of Turkmenistan.

Country/Territory
Turkmenistan
Document type
Legislation
Date
2004 (2018)
Source
FAO, FAOLEX
Subject
Land & soil, Water, General
Keyword
Business/industry/corporations Land tenure Tax/levy Expropriation Ownership Local government Contract/agreement Hydropower generation Natural gas Water supply Agricultural commodities Planting material/seeds Fertilizers/nutrients Textile plants/fibres Nutrition Internal trade Registration Irrigation
Geographical area
Asia, Caspian Sea, Central Asia, CIS (Commonwealth of Independent States), Europe and Central Asia, Landlocked Developing Nations, North Asia
Entry into force notes
This Law enters into force on the day of its official publication.
Abstract

This Code establishes the system of taxes levied on the State Budget of Turkmenistan, the general principles of taxation, the grounds for the emergence (change, termination) and procedure for performance of duties to pay taxes, the rights and obligations of taxpayers, tax authorities, forms and methods of tax control, responsibility for violation of tax legislation of Turkmenistan, appeal against decisions of tax authorities and actions of their officials. A tax year begins on the first day of the month January, ends on the thirty-first day of the month December and coincides with the fiscal year. Tax is a mandatory, individually free payment, established and levied by the state from individuals and legal entities in in order to financially support the activities of the state, entering State budget of Turkmenistan. The tax is determined by the presence of the following characteristics: (a) category of taxpayers; (b) object of taxation; (c) the tax base; (d) tax rate (rates); (e) terms and procedure for calculating and paying tax. When establishing the tax, the reporting (tax) period can be determined, and also provide tax incentives and grounds for using them by taxpayer. Duties and fees are recognized as a special type of tax and may not be subject to separate signs of tax. Tax benefits are established by this Code. Application of individual benefits and individual preferential taxation terms and conditions shall be prohibited. Natural persons that are individual entrepreneurs, legal entities, registered in accordance with the legislation of Turkmenistan, including foreign legal entities that have registered their branches in Turkmenistan and representation offices, shall be subject to mandatory registration as taxpayers. Natural person who works under an employment contract or civil law contract, shall be subject to registration as a taxpayer through an employer who is a tax agent in compliance with this Code. Tax Department of the Ministry of Finance and Economy of Turkmenistan shall keep the State Tax Register, consisting of: (a) register of natural persons; and (b) register of legal entities. The State Tax Register also includes data on taxpayers with a temporary tax number. Taxable transactions are not recognized: (a) land plot subject to expropriation by decision of state authorities, local government for state or public needs, or due to improper use (tenure) of land; and (b) as a result of expropriation, confiscation or transfer of ownership of inherited property, as well as acceptance by the state of ownerless property. Electric energy, thermal energy, gas and water shall be considered commodities subject to taxation (Article 96). A rate of 0 (zero) percent applies to the following taxable transaction: trade of agricultural commodities of one’s own production (Article 105). Value added tax shall not be applicable to: (a) veterinary, sanitary and epidemiological services; (b) trade of processed products by agricultural enterprises, except for butter making products; (c) sale of processed products of raw cotton (cotton fiber, cotton seeds, lint, motes, fluff, waste); (d) sale of seeds; (e) sale of cocoons and silkworms and services for their growing; (f) mineral fertilizers, herbicides, pesticides and other plant protection means; (g) water supply services for irrigation, effluent waste water discharge through drainage systems; and (h) public catering (Article 106).

Full text
Russian
Website
minjust.gov.tm